Rodney Sherman, Appellant v. New York State Thruway Authority, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division's grant of summary judgment to the New York State Thruway Authority, holding that the storm‑in‑progress doctrine barred liability because precipitation continued and temperatures remained near freezing at the time of the plaintiff's slip and fall. Justice Rivera dissented, arguing that material factual issues existed as to whether the storm had ended and that the Authority should therefore be liable.